(105 ILCS 5/5-19) (from Ch. 122, par. 5-19)
Sec. 5-19.
Township divided by county lines - Statistics and
information.
If a township is divided by a county line or lines, the trustees of
schools shall make, or cause to be made, separate enumerations of all
statistics and other information required by the State Board of Education,
and report them separately to the several regional
superintendents. All parts of such statistical information which cannot
practically be reported separately shall be reported to the regional
superintendent of the county in which the sixteenth section of such
township is situated.
(Source: P.A. 81-1508.)
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(105 ILCS 5/5-20) (from Ch. 122, par. 5-20)
Sec. 5-20.
Examination of books, securities and effects - Accounts and
vouchers.
At each regular meeting, and at such other meetings as they may
think proper, the trustees of schools shall examine all books, notes,
mortgages, securities, papers, moneys and effects of the corporation,
and the accounts and vouchers of the township treasurer or other
township school officer, and shall make such order for their security,
preservation, collection, correction of errors, if any, and for their
proper disposition, as may be necessary.
(Source: P.A. 81-338.)
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(105 ILCS 5/5-21) (from Ch. 122, par. 5-21)
Sec. 5-21.
Gifts, grants, donations, legacies - Title to property.
The trustees of schools in townships in which that office has not been
abolished as provided in subsection (c) of Section 5-1 may receive any
gift, grant, donation or legacy made for the use of any school or library
or for any other school purpose within their jurisdiction. They are
invested in their corporate capacity with the title of all school buildings
and school sites, except as otherwise provided by clause (3) of subsection
(b) of Section 5-1 with respect to school districts which have withdrawn
from the jurisdiction and authority of the trustees of school. All
conveyances of real estate made to the trustees of schools shall be made to
them in their corporate name and to their successors in office. School
districts may take and convey title to real estate to be improved by
buildings or other structures for vocational or other educational training
of pupils as provided in Section 10-23.3. If legal title to the real estate
to be so improved for vocational or other educational training of pupils as
provided in Section 10-23.3 is not held by the school board of the school
district, the trustees of schools or
other school officials having legal title to those school sites or other
school
property shall convey to the school district the title to any such school
site
or other school property or portion thereof held for such district, to be
used as provided in Section 10-23.3, upon being presented with a resolution
adopted by at least 2/3 of the members of such board requesting such
conveyance.
If the trustees of schools for a township are no longer in existence,
the school district shall take and convey title to all school buildings and
school sites to be acquired within such township. If the trustees of
schools had previously taken title to a school building or a school site
and such trustees are no longer in existence, the school district shall by
operation of law automatically be vested with title to all school buildings
and school sites within such township and shall have authority to convey
title thereto.
(Source: P.A. 87-473; 88-155.)
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(105 ILCS 5/5-22) (from Ch. 122, par. 5-22)
Sec. 5-22. Sales of school sites, buildings or other real estate. When, in the opinion of the school board, a school site, or portion
thereof, building, or site with building thereon or any other real
estate of the district has become unnecessary, unsuitable, or
inconvenient for a school or unnecessary for the uses of the district,
the school board, by a resolution adopted by at least two-thirds of the
board members, may sell or direct that the property be sold in the manner
provided
in the Local Government Property Transfer Act or in the manner
herein provided or, in the case of residential property constructed or renovated by students as part of a curricular program, may engage the services of a licensed real estate broker to sell the property for a commission not to exceed 7%, contingent on the public listing of the property on a multiple listing service for a minimum of 14 calendar days and the sale of the property within 120 days. Unless legal title to the land is held by the school
board, the school board shall forthwith notify the trustees of
schools or other school officials having legal title to such land of the
terms upon which they desire the property to be sold.
If the property is to be sold to another unit of local government or
school district, the school board, trustees of schools, or other school
officials
having legal title to the land shall proceed in the manner provided
in the Local Government Property Transfer Act. In all other cases, except if
the property is to be sold to a tenant that has leased the
property for 10 or more years and that tenant is a non-profit agency,
the school
board, trustees
of schools, or other school officials having legal title to the land shall,
within 60 days after adoption of the resolution (if the school board holds
legal title to the land), or within 60 days after the
trustees of school or other school officials having legal title receive the
notice (if the school board does not hold legal title to the land), sell the
property at public sale, by
auction or sealed bids, after first giving notice of the time, place, and terms
thereof by notice published once each week for 3 successive weeks prior to the
date of the sale if sale is by auction, or prior to the final date of
acceptance of bids if sale is by sealed bids, in a newspaper published in the
district or, if no such newspaper is published in the district, then in a
newspaper published in the county and having a general circulation in the
district; however, if territory containing a school site, building, or site
with building thereon, is detached from the school district of which it is a
part after proceedings have been commenced under this Section for the sale of
that school site, building, or site with building thereon, but before the sale
is held, then the school board, trustees of schools, or other school
officials having legal title shall not advertise or sell that
school site, building, or site with building thereon, pursuant to those
proceedings. The notices may be in the following form:
NOTICE OF SALE
Notice is hereby given that on (insert date), the (here insert title of the school board, trustees of school, or
other school officials holding legal title) of (county)
(Township No. ...., Range No. .... P.M. ....) will sell at public sale (use
applicable alternative) (at ......... (state location of sale which shall
be within the district), at .... ..M.,) (by taking sealed bids which shall be
accepted until .... ..M., on (insert date), at (here insert location where bids will be accepted which shall be
within the district) which bids will be opened at .... ..M. on (insert
date) at (here insert location where bids
will be opened which shall be within the district)) the following described
property: (here describe the property), which sale will be made on the
following terms to-wit: (here insert terms of sale)
....
....
....
(Here insert title of school
officials holding legal title)
For purposes of determining "terms of sale" under this Section, the General
Assembly declares by this clarifying and amendatory Act of 1983 that "terms
of sale" are not limited to sales for cash only but include contracts for
deed, mortgages, and such other seller financed terms as may be specified
by the school board.
If a school board specifies a reasonable minimum selling price and that
price is not met or if no bids are received, the school board may adopt a
resolution determining or directing that the services
of
a licensed real estate broker be engaged to sell the property for a
commission not to exceed 7%,
contingent on the sale of the property within 120 days. If legal title to the
property is not held by the school board,
the trustees of schools or other school officials having legal title shall,
upon receipt of the resolution, engage the services of a licensed real estate
broker as directed in the resolution.
The board may accept a written offer equal to or greater than the established
minimum selling price for the described property. The services of a licensed
real estate broker may be utilized to seek a buyer. If the board lowers the
minimum selling price on the described property, the public sale procedures set
forth in this Section must be followed. The board may raise the minimum selling
price without repeating the public sale procedures.
In the case of a sale of property to a tenant that has leased the
property for 10 or more years and that is a non-profit agency, an
appraisal is required prior to the sale. If the non-profit agency purchases
the property for less than the appraised value and subsequently sells the
property, the agency may retain only a percentage of the profits that is
proportional to the percentage of the appraisal,
plus any improvements made by the agency while the agency was the
owner,
that the agency paid in the initial sale.
The remaining portion of the profits made by the non-profit agency
shall revert to the school district.
The deed of conveyance shall be executed by the president and clerk
or secretary of the school board, trustees of schools, or other school
officials having legal title to the land, and the proceeds paid to the school
treasurer for the
benefit of the district. The school
board shall use the proceeds from the sale first to pay the principal
and interest on any outstanding bonds on the property being sold, and
after all such bonds have been retired, the remaining proceeds from the
sale next shall be used by the school board to meet any urgent district needs
as determined under Sections 2-3.12 and 17-2.11 and then for any other
authorized purpose and for deposit into any district fund. But whenever the
school board of any school district determines that any schoolhouse site with
or without a building thereon is of no further use to the district, and agrees
with the school board of any other school district within the boundaries of
which the site is situated, upon the sale thereof to that district, and agrees
upon the price to be paid therefor, and the site is selected by the purchasing
district in the manner required by law, then after the payment of the
compensation the school board, township trustees, or other school
officials having legal title
to the land of the schools shall, by proper instrument in writing, convey the
legal title of the site to the school board of the purchasing district, or to
the
trustees of schools for the use of the purchasing district, in accordance
with law. The provisions of this Section
shall not apply to any sale made pursuant to Section 5-23 or Section 5-24 or
Section 32-4.
(Source: P.A. 99-794, eff. 1-1-17; 100-963, eff. 1-1-19 .)
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(105 ILCS 5/5-23) (from Ch. 122, par. 5-23)
Sec. 5-23.
Exchange of properties.
Whenever the school board, by a two-thirds majority of its members shall
find and declare the following propositions and shall cause to be recorded
in the Recorder's Office a certificate embodying such findings and
declarations duly signed by its president and attested by its secretary or
clerk, then said school board may cause the exchange of a present school
site or site with building thereon for a substitutional site without a
referendum approving such exchange. The above findings and declarations
shall establish the following: (1) That in the opinion of the school board
a school site or site with building thereon has become unsuitable or
inconvenient for a school; (2) that a substitutional school site has been
offered in exchange for the present site which is a suitable, convenient
and desirable site for a school and (3) that the value of the
substitutional site is equal to or exceeds the value of the present site
for which it is to be exchanged, the criterion of value to be that of a
fair market value. When such certificate has been recorded as aforesaid,
the school board shall transmit a copy of said certificate to the trustees
of schools or other school officials having legal title to such land and
shall request the execution of a deed of conveyance by the president and
clerk, or secretary, as the case may be, to be delivered upon the receipt
of a good and sufficient deed conveying to the trustees of schools or other
school officials entitled under the statute to hold legal title to lands in
the particular school district a good title to the substitutional site; and
such president and clerk, or secretary, as the case may be, shall comply
with such request. If the school board of a school district holds legal title
to any lands to be exchanged under this Section, the certificate shall be
recorded by the school board, and the deed of conveyance shall be executed by
the president and by the secretary or clerk of the school board, as the case
may be, and shall be delivered when a good and sufficient deed conveying the
legal title of the substitutional site to the school board is delivered to the
school board. The certificate provided for shall set forth an accurate
legal description of the present school site and of the substitutional site
offered as aforesaid.
(Source: P.A. 88-155.)
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(105 ILCS 5/5-24) (from Ch. 122, par. 5-24)
Sec. 5-24.
Sale to another school district or municipality.
Whenever a petition is presented to the school board of a school district
requesting the sale of school grounds and buildings to another school district
or other municipality, which petition is signed by 10%
of the voters of the district, the school board of the district shall adopt
a resolution for the sale of such school grounds and buildings, and fix
the price therefor, and shall thereupon order the secretary to certify
to the proper election authorities the proposition for submission to the
voters of the district in accordance
with the general election law; and if a majority of the votes cast
upon the proposition are in favor of the sale, then
the school board, trustees of schools of the township in which the school
district
is located, or other school officials having legal title shall convey by
its president and clerk or secretary, upon receipt of the purchase price,
the property so to be sold; and the purchase price thereof shall be placed
with the proper treasurer for the benefit of the school district so selling
the property. The proposition shall be substantially in the following form:
Shall School District Number ...., of.... County, Illinois, YES sell to School District Number...., (or other municipality)
of.... County, Illinois, the following described property (here describe the ground) NO for the sum of.... Dollars?
(Source: P.A. 88-155 .)
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(105 ILCS 5/5-25) (from Ch. 122, par. 5-25)
Sec. 5-25.
Moneys
paid to treasurer.
The trustees of schools or township land commissioners shall cause all
moneys for the use of the school districts to be paid to the proper
treasurer thereof.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/5-26) (from Ch. 122, par. 5-26)
Sec. 5-26.
Purchase of real estate in satisfaction of judgment.
The trustees of schools or township land commissioners may purchase
real estate in satisfaction of any judgment in any action
wherein the trustees or township land commissioners or the county
superintendent of schools are parties, if, in their opinion the
interests of the township fund will be promoted thereby.
(Source: P.A. 79-1366.)
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(105 ILCS 5/5-27) (from Ch. 122, par. 5-27)
Sec. 5-27.
Compromise, settlements and cancellations.
The trustees of schools or township land commissioners may: make all
settlements with persons indebted to them in their official capacity;
receive deeds to real estate in compromise; and may cancel notes, bonds,
mortgages, and judgments for the benefit of any school township or
district.
(Source: P.A. 84-452.)
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(105 ILCS 5/5-28) (from Ch. 122, par. 5-28)
Sec. 5-28. Lease or sale of lands. The trustees of schools or township land commissioners may lease or sell
any lands that come into their possession in the manner described in
Sections 5-26 or 5-27. When in their opinion it is to the best interest
of the schools of the township or district interested in any such lands
that they be sold, the trustees shall adopt a resolution to such effect and
in such resolution shall specify the time, place and terms of sale. The
sale shall be at public auction and the trustees shall give notice thereof
by publishing notice once each week for three successive weeks prior to the
date of the sale in a newspaper published in the township to which the real
estate belongs, and if the lands to be sold lie outside of the township to
which they belong then such notice is to be published as herein provided in
a newspaper published in the township in which the land lies or, if no such
newspaper is published either in the township where the real estate belongs
or in the township where the land lies, then in a newspaper published in
the county and having a general circulation in the township affected. The
notices shall describe the property and state the time, place and terms of
the sale. The trustees have the right to reject any and all bids. Upon the
sale being made, deed of conveyance shall be executed by the president and
clerk of the trustees and the proceeds shall be paid to the township
treasurer for the benefit of the township or the district interested in the
lands.
(Source: P.A. 100-963, eff. 1-1-19 .)
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(105 ILCS 5/5-29) (from Ch. 122, par. 5-29)
Sec. 5-29.
Sale
of school land for roads.
Whenever the State, county, city, village, incorporated town, township
or road district authorities lay out a new road, street or highway, or
alter, widen or relocate existing roads, streets or highways, and for such
purposes require lands used for school sites, or land owned for school
purposes, the trustees of schools or school officials having legal title to
such lands have the power, with the consent of the school board of the
district, to sell and convey to the State, county, city, village,
incorporated town, township or road district the land required for such
purposes, or may dedicate to public use for street and highway purposes as
much of said school land as may be necessary to open, extend, alter, widen
or relocate any street or highway which may be required by the municipal
authorities to be opened, extended, altered, widened or relocated, if they
are of the opinion that the benefit to accrue for the opening, extending,
altering, widening or relocating of such street or highway will compensate
for the strip so dedicated.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/5-30) (from Ch. 122, par. 5-30)
Sec. 5-30.
Easements.
The trustees of schools or other school officials having legal title to
school sites or land owned for school purposes shall have the power, with
the consent of the school board of the district wherein the lands are
located, to grant temporary or permanent easements for sewer, water
drainage or utility purposes to municipalities, corporations or persons on
such terms as the school board may determine.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/5-31) (from Ch. 122, par. 5-31)
Sec. 5-31.
Division of township into districts - Territory taken from special
charter district. The trustees of schools in newly organized townships shall
divide the township into school districts to suit the wishes or convenience
of a majority of the inhabitants of the township, and shall prepare or cause
to be prepared a map of the township, on which the district or districts
shall be designated by their respective numbers. The trustees of schools
shall also cause any territory taken from a school district acting under
a special charter to be formed and established into a school district to
be governed under such general school laws of the State within thirty days
from the time such territory is taken from the district acting under a special
charter; and the trustees shall order an election for the purpose of electing
directors for such district and shall certify such offices
within ten days after the organization thereof. The first election shall
be held at the next regular election for school district officers, and until
the directors elected at that time take office, the Regional Superintendent
may fill the office by appointment. If such territory has not sufficient
inhabitants and children to establish and maintain a school, the trustees
may annex it to an adjoining district or districts.
(Source: P.A. 81-1490.)
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(105 ILCS 5/5-32) (from Ch. 122, par. 5-32)
Sec. 5-32. Failure to maintain schools - Transportation and tuition. If any school district other than a non-high school district shall for 1
year fail to maintain within the boundaries of the school district a
recognized public school as required by law, such district shall become
automatically dissolved and the property and territory of such district
shall be disposed of in the manner provided for the disposal of
territory and property in Section 7-11 of this Act. However, a school
district shall not be dissolved where the State Board of Education and the
regional superintendent of the region in which a
district has legally authorized the building of a school and legally
selected a school house site and has issued bonds for such building
shall jointly find and certify that such building has been authorized,
site selected and bonds issued.
If a district has its territory included within a petition to form a
community unit district under Article 11E of this Code, that district may
not be dissolved under this Section until the end of the school year in
which all proceedings relating to formation of that community unit
district are finally concluded, whether by disallowance of the petition,
by referendum, by a final court decision or otherwise. Until such
proceedings are finally concluded, the regional superintendent having
jurisdiction of the district that is not maintaining a recognized school
shall assign the pupils of that district to an adjoining school
district, subject to the
requirement that the district from which the pupils are so assigned
shall pay tuition for such pupils to the district to which the pupils
are assigned, in accordance with Section 10-20.12a of this Act or in
such lesser amount as may be agreed to by the 2 districts.
However, until July 1, 1969 or one year after the entry of a final
decision by a court of competent jurisdiction in the event of litigation
with respect to any of the matters set forth in this Section, whichever
is the later, notwithstanding the provisions of this Section, any
protectorate high school district composed of contiguous and compact
territory having not less than 2,000 inhabitants and which has an
equalized assessed valuation of not less than $6,000,000, shall be and
remain a protectorate high school district if a majority of the pupils
attend a high school in a special charter district maintaining grades 1
through 12 and if during that period the voters of the district, by
referendum to be ordered by the board, vote in favor of the proposition that
such district maintain and operate a high school within such district,
and also authorize the purchase of a school site, the building of a
school building and the issuance of bonds for such purpose, which bonds
are duly issued. The Board shall certify the proposition to the proper
election authorities for submission, in accordance with the general
election law.
The proposition to maintain and operate a high school within such
district shall be in substantially the following form:
Shall ...................... High School District Number ......, YES ........... County, Illinois, maintain and operate a high school
within that High School District and for the benefit NO of the pupils residing therein?
and is approved if a majority of the voters voting on the proposition is
in favor thereof. The proposition of purchasing a school site, the
building of a school building and the issuance of bonds for such purpose
shall be submitted to the voters and may be voted upon at the same election
that the proposition of maintaining and operating a high school within the
district is submitted or at any regularly scheduled election subsequent
thereto as may be
ordered by the board. Thereupon, that protectorate high school
district shall thereafter exist as a community high school district and
possess and enjoy all of the powers, duties and authorities of a
community high school district under Article 12 of this Act.
Throughout its existence as a protectorate district and until the
legal voters residing in the district have determined to maintain and
operate a high school within the district and have been authorized to
purchase a school site, build a school building and to issue bonds for
such purpose and which bonds are duly issued, or until the dissolution
of the district as required by this Section, such protectorate district
may use its funds to pay for the tuition and transportation of the
pupils in such district that attend a high school in a special charter
district maintaining grades 1 through 12. A protectorate high school
district is defined to be a district which does not own or operate its
own school buildings.
(Source: P.A. 94-1019, eff. 7-10-06.)
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(105 ILCS 5/5-34) (from Ch. 122, par. 5-34)
Sec. 5-34.
Evidence of indebtedness not in proper form-Securities insufficient-
Action taken.
When any county superintendent of schools notifies the trustees of
schools of a township, in writing, that the notes, bonds, mortgages or
other evidences of indebtedness which have been taken officially by the
township treasurer are not in proper form, or that securities which he has
taken are insufficient, the trustees shall at once take such action as may
be necessary to protect the property or fund of the township and the
district. For a failure or refusal to take such action within 20 days after
such notice the trustees of schools, each in his individual capacity, shall
be guilty of a petty offense and shall be liable to a fine of not less than
twenty-five nor more than one hundred dollars, to be recovered before any
circuit court, which when collected shall be paid to the county
superintendent of the proper county for the use of the schools. The payment
of this fine shall not relieve the trustees from any civil liability they
may have incurred from such neglect of duty.
(Source: P.A. 77-2267.)
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